Residents File Zoning Bylaw Changes for Balanced, Liveable Neighborhoods and Downtown
Photo: istock
Source: Contact Kitty Axelson-Berry
A group of Amherst residents has filed two zoning bylaw proposals to support balanced and liveable neighborhoods and the downtown area. One of the proposals focuses on a temporary pause to new multi-unit housing structures downtown, pending design standards and a housing plan that takes both year-round residents and students into consideration. The second proposal supports one- and two-family dwellings in neighborhoods and prioritizes year-round residences.
The amendments to existing town bylaws were filed under Massachusetts state law, which allows a group of 10 residents to request a zoning bylaw. When filed, the bylaw must be referred to the Planning Board within 14 days, which must hold a hearing within 65 days and then return a recommendation to the Town Council.]
The proposals note that the town’s year-round population has decreased to less than one-third of the town’s population or about 13,000, using data from the Housing Production Plan now under consideration, while the partial-year population living in off-campus units in Amherst has grown to about 9,000.
The proposal that focuses on downtown construction would pause permit applications for buildings with four or more dwelling units in the downtown business zone for a year, pending adoption of (1) design standards (which have been in process for 2 years, with a consultant engaged more than a year ago) to help develop future-looking guidelines for development, such as streetscapes, green spaces, sidewalks, and setbacks for downtown and village centers), and (2) a fair and just Housing Production Plan, prioritizing year-round, mixed-income residences rather than residences designed specifically for partial-year student living, in contrast to the Housing Production Plan now before the town, which prioritizes and encourages expanding student housing throughout town. “The pause will give time for the town to come to agreement with the University of Massachusetts administration,” says the proposal, “[so] that the University will provide housing for 5,000 additional students on campus so as not to continue to put a strain on the livability of Amherst for our approximately 13,000 year-round residents.”
The proposal that focuses on neighborhoods aims to “preserve and support single- and two-family housing owned or rented by year-round residents, prioritize locating student housing on our Amherst campuses, and disincentivize the sale of single- and two-family homes to LLC real estate investors.” It defines “student home” and recommends strategies, including minimum distance requirements between student homes, consideration of rent stabilization, and limiting certain student rentals to principal arterial (main) streets with existing rentals grandfathered in.
“Everyone in town loves UMass and the cultural and educational opportunities it provides to the town. Living in a college town, though, should not mean giving away our family neighborhoods,” stated Hetty Startup, of North Pleasant Street. “We are absolutely not anti-student. We are pro-year-round residents.”
“Maintaining traditional neighborhoods as a place for year-round residents who work here seems like a sensible thing to do,” said Ken Rosenthal, of Sunset Avenue, who used to live close enough to walk to his job at Hampshire College.
“UMass can do more to mitigate the effects of an ever-increasing student population on our streets and neighborhoods,” said Debra Utting, of Gray Street. “While we love our colleges, the university, and their students, the town and its residents will not be served well if overwhelmed year-round residents leave as they watch their neighborhoods turn over to more and more housing for students.”
Memorandum in Support of
Amherst Zoning Bylaw Amendment adding
Article 18: Protecting Downtown
The Zoning Bylaw shall be amended by adding the following section:
ARTICLE 18: TEMPORARY PAUSE FOR ONE YEAR ON APPLICATIONS FOR BUILDING PERMITS FOR CONSTRUCTION OF RESIDENTIAL BUILDINGS WITH FOUR OR MORE DWELLING UNITS, PENDING COMPLETION OF DESIGN STANDARDS, ADOPTION OF A HOUSING PRODUCTION PLAN AND RELATED ACTIONS
The Town will not accept new applications for building permits for the proposed construction of any residential buildings that include four or more dwelling units in the Business General (BG), Business Limited (BL) zoning districts in the town for a period of one year, or until the following are adopted by the Town Council:
● Design standards, including streetscape, sidewalk widths, green spaces, and climate resilience criteria for new multi-unit developments, with building heights and setbacks required in the zoning bylaw dimensional table, with special consideration of the “Hastings Block” model
- A Housing Production Plan prioritizing opportunities for year-round, mixed-income residents instead of additional housing intended for students in the downtown or in our neighborhoods
The pause will give time for the Town to come to agreement with the University of Massachusetts administration that the University will provide housing for 5,000 additional students on campus so as not to continue to put a strain on the livability of Amherst for our approximately 13,000 year- round residents.
If the Town is not able to implement design standards and accompanying zoning bylaws addressing all of the required areas listed in this section and accomplish an agreement with the University before one year, then there shall be a 90-day extension of the temporary moratorium.
Purpose of the Zoning Bylaw Amendment
Design Standards are in Process
In 2025, the Town is in the process of updating and amending its downtown building design standards by conducting outreach and analysis and preparing recommendations to the Planning Board and Town Council. A consultant has been engaged to help develop design guidelines for future development and include streetscape, sidewalks, setbacks and green spaces for downtown areas and village centers. To allow time for this planning process to proceed and be effective, there is an urgent need for a temporary moratorium on applications for building permits for large-scale residential construction with four or more units downtown to allow time for this planning process to proceed.
Housing Production Plan is in Process/Agreement Sought with UMass
In addition, the Council will be considering adoption of a Housing Production Plan this year, which in its current form encourages the expansion of housing for students throughout the town. The downtown urgently needs us to rebalance this plan in light of the decrease in year-round residents and increase in college students in our population. Year-round residents now amount to less than ⅓ of our population, or approximately 13,000 residents, according to the proposed Housing Production Plan while the Amherst off campus student population has grown to approximately 9000. If the downtown is to be used and enjoyed by year-round residents, the Town needs time to come to an agreement with UMass officials that it will house at least 5,000 additional students on campus rather than flooding downtown and our neighborhoods.
The town also needs time to create incentives for developers to provide affordable commercial space for a year-round economy and downtown housing for seniors, families, and middle- and low-income residents, including more analysis of unintended consequences and destabilizing trends.
Memorandum in Support of Proposed Zoning Bylaw amendment adding
Article 19: Protecting Neighborhoods
The Amherst Zoning Bylaw shall be amended by adding the following section:
ARTICLE 19: ZONING FOR LIVABILITY, AFFORDABILITY< AND BALANCE IN SINGLE- AND TWO-FAMILY HOME NEIGHBORHOODS. The Town shall preserve and support single- and two-family housing owned or rented by year-round residents, prioritize locating student housing on our Amherst campuses, and disincentivize the sale of single- and two-family homes to LLC real estate investors, by taking the following steps:
- Define student home:
“A student home is defined as any dwelling unit within a one-family dwelling, a one-family dwelling with an apartment, or a two-family dwelling that is occupied by persons who are unrelated by blood, marriage, or legal adoption and are attending undergraduate or graduate programs offered by colleges or universities (including those on a semester break or summer break from studies). The residents of a student home typically share living expenses and may live and cook as a single housekeeping unit. Student homes include living arrangements where the property owner(s) or their family members are residents of the dwelling unit. Student homes do not include fraternities, sororities, or rooming houses” (Draft definition adopted by Planning Board, 12/4/2024).
- Establish disincentives to the sale of single- and two-family homes to real estate investors:
- Minimum distance requirements. There shall be a minimum distance of 700 to 2,000 feet between student houses on local and collector streets in all zones with the exact distance depending on the density of specific zones.
- Consideration of rent stabilization.
- Limitation on rentals of student housing in single-family and two-family homes to “principal arterial” (main) streets in all zoning districts (existing rentals would be grandfathered in for a period of 10 years). List of 11 principal arterial streets, Town of Amherst, 2021.
Purpose of the Proposed Zoning Bylaw Amendment
The purpose of the proposed amendment to the Zoning Bylaw is to create a reasonable balance between housing for year-round residents and for part-year residents that favors maintenance of family neighborhoods and disincentivizes LLC real estate investor ownership of student houses.
Amherst has approximately 5,200 single-family homes in our housing stock, 680 of which are rented. Of the 680 rentals, 137 are owned by LLC real estate investors as student rentals, according to data in our 2024 Housing Production Plan (HPP, p. 63). Such investor ownership drives up the cost of housing and adds to the number of student house rentals in neighborhoods. It is notable that the median sales prices of single- and two-family homes in Amherst in 2024 was $594,500.
The balance of year-round residents and students has changed dramatically over the last 20 years, with the year-round resident population being reduced significantly and the overall student population increasing by about 10,000. We still have a population of 40,000, but now we have 18,000 students living on our 3 campuses, and 9,000 students living off-campus in Amherst. That leaves only 13,000 year-round residents in Amherst, a staggering imbalance. We now make up only ⅓ of the town’s population.
Over the last 10 years, we have seen 859 new units in multi unit buildings (HPP, p. 60- 62). In the neighborhoods, we have seen an increasingly larger percentage of single- and two-family homes bought for purposes of student rental, including by non-local corporate interests.
We need to rebalance our housing plan in light of these changes in our demographics. UMass can help relieve the housing crisis in Amherst neighborhoods by housing significantly more students on campus and nearby university properties.
Definition of Student Homes
The definition provided in the bylaw was adopted by the Planning Board, as voted on 12/4/2024. It was not included in the ADU zoning bylaw adopted by the Town Council. Providing a definition of student homes in our zoning bylaw is the only way to keep track of this important data and to be transparent about how much housing is devoted to student rentals. The planning board discussed the concern that non-traditional families and households not be disadvantaged by a definition and amended the language to be more inclusive.
The disincentives listed in the proposed bylaw are intended to be tools for the town to steer LLC real estate investors away from the student rental market here. Despite the multiple tools that could be used to disincentivize such speculation, the majority on the Council has put no zoning protections forward. It’s time to do so.
Minimum Distance Requirements
There are many advantages to the community of minimum distance requirements. It mitigates nuisance issues, spreading student housing out across a town, helping to reduce the intensity of these issues in any one block.
It preserves our diverse family neighborhood character. Requiring distance between student rental properties helps prevent the “tipping point” where a street’s character shifts from owner-occupied or family-oriented to primarily transient student housing. It maintains the stability of single-family neighborhoods.
It reduces pressure from real estate investors: With distance requirements in place, investors who profit from charging high “per-bedroom” rents in close proximity to campus will face limitations. This allows the traditional housing market to function without being distorted by specialized student rental economics.
In addition, minimum distance requirements advantage the housing market. They can stabilize housing costs. By limiting investor bidding on single-family homes, minimum distance requirements can help moderate property values and rents for families, making the town more affordable for permanent residents. They encourage other types of needed housing. In combination with other zoning requirements, distance requirements can help steer developers to build student-oriented housing in certain places in town. These areas can relieve pressure on residential neighborhoods.
Minimum distance requirements can offer “Grandfathering” clauses. Most include a provision that allows existing student rentals to continue operating for a period of time. The restrictions apply to new conversions or properties that change ownership, allowing the changes to be phased in over time. The specific distance requirements can vary by the density of residential zoning districts within the town.
Rent Stabilization
Rent stabilization stabilizes neighborhoods. As a college town, Amherst neighborhoods are subject to “studentification,” where family homes are converted into student housing. By controlling the rate of rent increases, rent stabilization can help preserve the residential character and economic diversity of our neighborhoods.
Rent stabilization encourages investment from mission-driven developers, like non-profit organizations, community land trusts, and developers with a focus on neighborhood stability, to acquire properties.
Rent stabilization can keep building and land sales prices from escalating dramatically due to speculation, making those non profit-driven investments more feasible.
Considerations for rent stabilization policies:
Contemporary stabilization policies often feature moderate annual increases, exemptions for new construction, and allowances for landlords to maintain a fair return on their investment, which can help mitigate potential negative consequences.
Rent stabilization can increase the number of available affordable units for very low-income households. However, its effectiveness in reaching the lowest-income residents can vary. Therefore, combining rent stabilization with other affordable housing strategies should be considered.
Limitation of Student Home Rentals to Principal Arterial Roads
The Housing Production Plan names the Orchard Valley and East Amherst neighborhoods as those with the lowest median home values. Those neighborhoods are naturally targeted by LLCs as financially desirable for student house rentals. A limitation of student rentals to principal arterial roads is a means to consolidate those rentals on main streets.
Our principal arterial roads are the primary connector roadways in Town between village centers and between other communities. These are the roadways with our primary transit and public transportation routes, including being priority roadways for maintaining and adding bike and pedestrian accommodations. Principal arterial roads include Bay Road, Belchertown Road, College Street, East Pleasant, Main Street, North Pleasant, Pelham Road, South East Street, South Pleasant Street, West Bay Road, and West Street.
Year-round residents have an interest in maintaining our extremely diverse family neighborhoods. We have a personal investment in the future of our neighborhood schools and communities. We also have a high need for workforce (especially for town and university staff) housing, and housing for families, students, seniors, and low- and middle-income residents. In addition, local businesses suffer when the population moves away for a significant part of the year. For a year-round economy and a thriving town, we need a year-round population.